Pollution Control Board Vs. M/s. Mohan Meakins Ltd. and others6, Kanti Bhadra Shah and another Vs. State of West Bengal7 , and Mathai Vs. State ... detailed orders at the stage of issuing process was made in Kanti Bhadra Shah and another Vs. The State of West Bengal7
detailed orders at the stage of issuing process was made in Kanti Bhadra Shah and another Vs. The State of West Bengal ... Magistrate for passing detailed order while issuing summons vide Kanti Bhadra Shah v. State of W.B27 . The following passage will be apposite
examined by a Two Judge Bench of the
Supreme Court in Kanti Bhadra Shah Vs. State of W.B - (2000) 1 SCC 722,
wherein ... presuming that the accused has
committed the offence concerned". Kanti Bhadra Shah 's case was referred to
by another Two Judge Bench
issuing process,
reasons may not be recorded. In Kanti Bhadra Shah vs. State of West
Bengal , (2000) 1 SCC 722, this Court having examined sections ... Magistrate for passing detailed order while issuing summons vide
Kanti Bhadra Shah v. State of W.B. , (2000) 1 SCC 722. The
following passage will
reiterated by the Apex
Court in the case of Kanti Bhadra Shah Vs. State of W.B. ((2000)1 SCC 722),
wherein it has been ... accused has committed the offence concerned."
The case of Kanti Bhadra Shah (Supra) was referred to by another two Judge
Bench of the Apex
strength of the decision of the Supreme Court in Kanti
Bhadra Shah vs. State of West Bengal 12 , it is submitted that the
learned Magistrate ... also cited the decision
of Supreme Court in Kanti Bhadra Shah (supra), to submit that it is
not necessary for a Magistrate to write detailed
accused had committed the offence. In yet another case of Kanti Bhadra Shah and another Vs. State of West Bengal (2001) SCC 722, the Supreme ... case, there was no requirement of giving any reason. Both in Kanti Bhadra Shah and Devendra Nath Padhi, it was noted that the very provisions
required at the stage of summoning. They have relied upon
Kanti Bhadra Shah Vs. State of WB , (2000) 1 SCC, 722 wherein it
has been ... been argued that since the Kanti
Bhadra Shah's judgment was discussed in this case, therefore, the law
laid down by it should
Cognizance is taken of cases and not
of persons.”
14. In Kanti Bhadra Shah and another v. State of
W.B.7 , this Court ... process to the accused, Magistrate is not required to
record reasons”. Kanti Bhadra Shah (supra) and U.P.
Pollution Control Board (supra) were also referred
after
noticing the law laid down in Kanti Bhadra Shah v. State of West Bengal ,
AIR 2000 SC 522, it was held as follows
